Manner of appearance for Social Security administrative law judge hearings

The Social Security Administration’s new regulations about manner of appearance in administrative law judge hearings are effective as of November 23, 2024.

The new regulations allow Social Security to schedule hearings in one of four ways:

  1. Audio appearance (previously called telephone appearance). Claimants can object to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.  Notwithstanding an objection, Social Security can schedule an audio hearing in extraordinary circumstances or when the claimant is incarcerated.
  2. Agency video appearance (previously called video teleconferencing (VTC) appearance). This is holding the hearing by video conference in a Social Security office.  Claimants can object to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.
  3. Online video appearance, which is video conference using the claimant’s personal electronic device. Claimants can agree to audio appearance within 30 days of receiving the notice of hearing.  The 30-day deadline can be extended for good cause.  Even without good cause, Social Security can consider a request to change to an online video hearing after the 30-day period if it would be efficient to conduct the hearing by online video and the circumstances provide a good reason the hearing by online video.  The claimant can withdraw their agreement ti online video any time before the hearing begins.
  4. In person hearing at an Office of Hearings Operations hearings site.

(Social Security Dear Colleague Letter, November 21, 2024.)

Posted in SSI